We take your case very seriously and refuse to minimize it. For example, when cars crash, we do not call it an “Accident.” An accident is when a three year old spills a cup of milk. The three year old has a valid excuse for the accident. However, licensed drivers do not. When the driver of a vehicle switches from “Park” to any other gear, there is a “duty” to use reasonable care in the operation of that car. Negligence is the failure to use reasonable care; and when reasonable care is not used and a collision occurs, it is not excusable as an “accident.” The negligent driver must be held responsible for all of the damages that naturally flow from that collision. That process begins with how we think and talk about your rights and the responsibilities of other motorists who may cause you or your loved ones injury on the road.
Being involved in an automobile collision can be very traumatic. The results of long term injury to your body can be economically and socially catastrophic. In the event you are involved in a collision, you should consider contacting an experienced personal injury attorney to protect your rights and make sure that you get financial compensation that is commensurate with your injuries, loss of work, and property damage. For a full list of the damage categories Florida law allows for crashes, click here.
The Insurance Adjuster Is Not Your Friend
The insurance adjuster that is assigned to your file is always working on behalf of the insurance company- not you. Hence, the adjuster’s efforts are meant to settle the case in the best interest of the insurance company, not yours. It is the adjuster’s job to settle your case for an amount below the reasonable value of your damages. Our job, at Sobel Legal, is to stand up to the adjuster and fight for the most favorable compensation that you’re entitled to under the law.
Insurance adjusters are experts in looking for or creating issues which could reduce the amount of your compensation. For example, they will frequently argue that you were at fault, that some other unknown party was at fault, that you were not injured or that your injuries pre-dated the collision. As soon as they learn of your collision, they immediately start looking for any arguments they can make to deprive you of what you are entitled to receive. This applies, not only to the other driver’s insurance company, but also yours!
If you purchased uninsured motorist coverage, you have paid your insurance company a premium for situations where the person who hits you does not have any or not enough insurance. In essence, when you have a collision caused by someone who is uninsured or underinsured, your own insurance company steps into the shoes of the at-fault driver and they immediately start building a case against you!
Many people call their insurance company right after the collision. Within minutes, collision victims are speaking to their insurance company’s adjuster. Typically, the adjuster attempts to record the conversation. There is no obligation to give any adjuster- yours or the other driver’s, a recorded statement. The problem with giving a recorded statement is that most people will accidentally say something during that statement which will be used against them later. This can happen in many different ways and it has nothing to do with honesty.
After a collision happens, everyone tries to recapture from memory exactly what happened. Blank memories, foggy memories or contradictions in memory try to get resolved. In fact, many people have a very difficult time recalling exactly what happened throughout a collision sequence; and without being conscious of it, the brain can mis-perceive parts of that sequence. It is essential that you not commit to any version of what happened until you are sure that you can distinguish between what you really know form what you may be deducing. If you have had a collision and have not yet spoken with an adjuster, we strongly suggest that you first discuss the collision with an attorney who is trained help you sort out what you know from what you don’t. Simply because you are making a legal claim does not require you to suddenly become super human and remember things that most cannot. Your attorney can shield you from an adjuster who will take advantage of the things you say while you are “thinking out loud.”
Your body does amazing things when you are hurt. We are designed to suffer injuries with a delayed pain response to those injuries so that our bodies can remove themselves from the scene of where the injury occurred. Immediately after a collision, you may not feel pain. It is not uncommon for the injuries to announce themselves hours and even days after the injury occurs. Adjusters know this. But when collision victims call the adjuster immediately after the collision to report their property damage, the adjuster will ask, “Are you hurt?”
When you answer, “No. I’m fine,” but later develop symptoms of collision related injuries, the adjuster will use your words against you. Again, you are better-off not speaking to an insurance adjuster until you have had time to reflect on what happened. If you have an attorney, the attorney should speak to the adjuster- not you.
Initial Free Consultation
At Sobel Legal, we will consult you free of charge and only take a percentage of what we collect for you, plus any costs we directly incur. There is no obligation to hire us after your initial consultation and we will never send you a bill. We only get paid a fee and get reimbursed our actual costs if we make a recovery for you.
You have rights. If you have been involved in a truck, car, motorcycle or other vehicle collision, call us at (954) 526-7007. We’re here to protect your rights.